October 30, 2007 (No. 28775)
Opinion [pdf]
Per Curiam. In this original proceeding, petitioner State of Hawai'i (the prosecution) petitions this court for a writ of mandamus directing respondent the Honorable David W. Lo, judge of the District Court of the First Circuit (the respondent judge), to vacate a pretrial order granting respondent Jack Miller's [hereinafter, defendant Miller] motion to compel discovery in State v. Miller, Case No. 1DTC-07-017133. The prosecution contends that the respondent judge exceeded his lawful authority under Hawai'i Rules of Penal Procedure (HRPP) Rule 16(d) (200&), quoted infra, by compelling the prosecution to disclose to defendant Miller the calibration distances and calibration locations for the laser unit used to cite defendant Miller for excessive speeding, in violation of Hawai'i revised Statutes (HRS) § 291C-105(a)(1) (Supp. 2006), quoted infra.
Based on the following, we hold that, because the calibration information falls within the ambit of HRPP rule 16(d), the respondent judge did not exceed his lawful authority and that, therefore, the prosecution is not entitled to mandamus relief.
